Hunais M. v. State of Kerala

Manvi MittalCase Summary

Bail application in a case involving the theft of source code

Hunais M. v. State of Kerala
In the High Court of Kerala
B.A. 2566/2023
Before Justice P.G. Ajithkumar
Decided on May 12, 2023

Relevancy of the Case: Bail application in a case involving the theft of source code

Statutes and Provisions Involved

  • The Information Technology Act, 2000 (Section 65, 66)
  • The Criminal Procedure Code, 1973 (Section 438)
  • The Indian Penal Code, 1860 (Section 34, 120B, 379, 380, 406, 409, 417, 418, 419, 420)

Relevant Facts of the Case

  • The Kannur Town Police Station registered an FIR against the petitioner. He is the third accused in the crime committed.
  • Allegedly, the petitioner, along with other accused, in furtherance of common intention, conspired to steal the source code of the software TRADE EASY.
  • They developed another software with the help of that stolen source code and sold that to others under the name TRADE ON. Therefore, they gained unjustified benefits.

Prominent Arguments by the Advocates

  • The petitioner’s counsel argued that he was not involved in the crime. The police falsely implicated him. They did not find any evidence against him.
  • The respondent’s counsel opposed the grant of bail. He submitted that the police would be unable to conduct a proper investigation without him.

Opinion of the Bench

  • This investigation will require the involvement of cyber experts. Continued detention may not help the investigation. However, the court can avoid detention by imposing strict conditions.

Final Decision

  • The bench allowed the bail application with conditions.